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(영문) 인천지방법원 2017.11.03 2017고정2415
사기
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal record] On March 17, 2017, the Defendant was sentenced to six months of imprisonment by the Incheon District Court for the re-election of electronic records, etc., but the appeal was dismissed, and the judgment became final and conclusive on September 20, 2017.

[2] On April 15, 2015, the Defendant filed an application for a loan to the Defendant for a workplace with the Defendant’s resident registration certificate and submitted documents, such as a detailed statement of passbook transaction, stating that the Defendant was paid monthly salary for three months from the above C, at the C office located in Suwon-si, Suwon-si B, 207.

However, even though the Defendant did not have received benefits between C and C, it was forged by an influence of the statement of transaction of passbook transaction as if it was actually paid the benefits between three months, and even if it was given a loan from the injured party, the Defendant did not have any intent or ability to repay the principal and interest.

The defendant deceivings the victim as above and transferred 4 million won to the NongHyup Bank account in the name of the defendant on the same day from the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Details of purchase of employment insurance, such as the details of passbook transactions, certificates of debts, loan transaction contracts, etc.;

1. Previous convictions: References to inquiries, application of the text of the judgment;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

2. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.

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